HomeMy WebLinkAboutOrdinance 2005.15 Releasing certain agreements affecting the Links at Continental Ranch
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: SGP
DEPUTY RECORDER
1456 PEl
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
DOCKET: 12571
PAGE: 2718
NO. OF PAGES: 3
SEQUENCE: 20051120591
06/10/2005
ORDIN 15:57
MAIL
AMOUNT PAID
$
8.00
TOWN OF MARANA
ORDINANCE NO. 2005.15
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MARANA ORDINANCE NO. 2005.15
RELATING TO DEVELOPMENT; RELEASING THOSE CERTAIN COVENANTS,
RESTRICTIONS AND AGREEMENTS AFFECTING A SITE COMMONLY KNOWN AS
THE LINKS AT CONTINENTAL RANCH; AND DECLARING AN EMERGENCY.
WHEREAS, Dow Chemical Investment and Finance Company, an operating unit of the
Dow Chemical Company ("Dow"), executed that certain Declaration of Covenants, Conditions
and Restrictions Running with the Land dated September 12, 1975, and recorded at Docket 5124,
Page 144, in the Office of the Pima County Recorder, imposing certain restrictions on property
owned by Dow and described therein, which was later amended by Pima County and the
successor owner of the affected property, Stewart Title & Trust, Trust No. 1746, pursuant to that
certain Agreement dated November 20, 1979, and recorded at Docket 6165, Page 1435, in the
Office of the Pima County Recorder (referred to in this Resolution as the "Dow Covenants");
and
WHEREAS, United Rock & Materials Corporation executed three documents
establishing restrictions and covenants to the benefit of Pima County, including Covenants
Running with the Land and No Access Easement, dated March 19, 1981, approved by the Board
of Supervisors on April 6, 1981, and recorded at Docket 6512, Page 605 of the Official Records
of Pima County; a Declaration of Restrictions and Covenants Running with the Land, dated
March 19, 1981, approved by the Board of Supervisors on April 6, 1981, and recorded at Docket
6512, Page 611 of the Official Records of Pima County; and a Declaration of Restrictions and
Covenants Running with the Land, dated April 24, 1981, and recorded at Docket 6528, Page 790
of the Official Records of Pima County (these three documents and the Dow Covenants are
collectively referred to in this Ordinance as the "Covenants"); and
WHEREAS, Pima County and Stewart Title & Trust, Trust No. 1746, entered into that
certain Agreement dated November 20, 1979, and recorded at Docket 6165, Page 1435 of the
Official Records of Pima County (referred to in this Ordinance as the "Agreement"); and
WHEREAS, the Covenants and the Agreement (which are collectively referred to as the
"Documents") affect land generally located north of Cortaro Road, west of the 1-10 frontage
road, and east of the Santa Cruz River; lying in portions of sections 26 and 27, Township 12
South, Range 12 East, commonly known as the Links at Continental Ranch and referred to in this
Ordinance as the "Property"; and
WHEREAS, after the execution of the Documents, the Town of Marana annexed the
Property into its jurisdictional boundaries, subjecting the Property to the Town of Marana's
authority under its general police power and zoning authority.
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NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona as follows:
Section 1. To the extent that the Town of Maran a has an interest or regulatory authority
derived from the Documents, such interest or regulatory authority is hereby released in favor of
the Town's general police power and zoning authority.
Section 2. All ordinances, resolutions or motions and parts of ordinances, resolutions or
motions of the Mayor and Council in conflict with the provisions of this Ordinance are hereby
repealed, effective as of the effective date of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
hereof
Section 4. Whereas the immediate operation of this Ordinance is necessary for the
preservation of the public peace, health and safety of the Town of Marana, an emergency is
hereby declared to exist, and this Ordinance shall be in full force and effect from and after its
passage, adoption and approval by the Mayor and Council of the Town of Mar ana.
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona,
this 7th day of June, 2005.
ATTEST:
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